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SAIZ v. PEOPLE

No. 21286.

396 P.2d 963 (1964)

Manuel SAIZ, Plaintiff in Error, v. The PEOPLE of the State of Colorado, Defendant in Error.

Supreme Court of Colorado. En Banc.

November 30, 1964.

Attorney(s) appearing for the Case

Manuel Saiz, pro se.

Dunke W. Dunbar, Atty. Gen., Frank E. Hickey, Deputy Atty. Gen., George H. Sibley, Sp. Asst. Atty. Gen., Denver, for defendant in error.

PRINGLE, Justice.

Plaintiff in error, hereinafter designated as Saiz, was convicted in 1956 of the crime of rape and was sentenced to the State Penitentiary for a term of not less than 12 years nor more than 40 years. On September 15, 1963, Saiz filed a motion under Rule 35(b), Colo.R.Crim.P., requesting the trial court to vacate the sentence and judgment previously imposed and to resentence him to the time he had already served, thereby making him eligible for immediate...

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